Ti. 


Duke   University   Libraries 

Circular  to  com 
Conf  Pam  12mo  #802 


Circular  to  Commandants  of  Conscripts, 


Bureau  op  Conscription, 

Richmond,   Va.,  June  23,  1863. 

A  difference  of  opinion  having  arisen  as  to  the  right  of  officers  of  con- 
scription to  order  a  re-examination  of  persons  to  whom  exemptions  have 
been  granted  by  medical  examining  boards,  and  upon  the  duties  of  such 
boards,  as  governed  by  paragraph  II,  General  Orders,  No.  39,  current 
series,  in  connection  with  General  Orders,  No.  58,  of  J  862,  and  22,  of 
1^63,  Adjutant  and  Inspector  General's  office,  the  folio-wing  instructions 
are  issued  for  the  information  and  guidance  of  all  concerned : 

The  War  Department,  in  its  construction  of  the  act  of  Congress  pro- 
viding  for  the  examination  of  enrolled  persons,  by  a  medical  board, 
■whose  decision  should  be  final,  "has  not  regarded  the  term  'fnar  in 
this  act  as  importing  that  there  should  be  but  one  examination  of  the 
medical  board,  or  that  their  certificates  cannot  be  recalled  or  revised.  The 
'^  condition  of  a  person's  physical  or  mental  capacity  is  liable  to  changt, 
and  with  the  changes  that  may  occur  his  liability  to  perform  service  may 
alter. 

" The  act  of  Congress  makes  these  certificates  of  the  medical  boaid 
'Jinal '  in  the  sense  that  it  settles  the  liability  so  long  as  it  is  in  force — 
that  the  person  is  not  subject  to  the  enrolling  officer  or  commandant  ..f 
conscripts  while  it  is  in  force.  But  this  agency  for  enforcing  the  con- 
script act,  like  all  the  other  agencies  of  its  administration,  is  subordinate 
to  the  War  Department,  as  charged  by  the  President  with  its  execution. 
The  Department  can  call  out  and  place  in  service,  from  time  to  time,  per- 
sons enrolled  who  are  not  in  the  service,  and  may  direct  the  enquiries* 
'  proper  to  accomplish  the  object." 

The  War  Department  having  the  necessary  authority  to  order  re-exami- 
nation in  all  cases,  recognizes  the  hardships  that  would  result  from  an 
indiscriminate  exercise  of  this  power,  and  is  of  opinion  that  it  should  be 
used  only  in  a  limited  way.  Enrolling  officers  will,  therefore,  exercise 
great  caution  in  executing  the  following  instructions : 

JVhen  in  the  opinion  of  enrolling  officers  the  causes  for  which  exemption 
was  granted  to  a  person  after  examination  by  the  medical  hoard,  have  ceased 


to  tzist,  Oity  trdl  makt  a  report  in  JuU  to  the  hoard,  slating  the  nam^  of 
the  person,  tehen  tnroUtd,  icktn  ttamined,  and  the  disease,  tcith  reasons  for 
IdittinfT  it  to  hate  disnppmrrd,  and  that  the  person  is  capable  of  prrform- 
init  sertict. 

If  thr  frnininhi^  hmird  shall  thnil;  pmprr.  it  trill  nrdrr  the  par't)  to  f.f 
hrou^ht  hrforc  it  for  a  rr-rraminntinn.  I'ntU  the  board  shtUl  so  order,  tht 
prrson  crempted  trUl  not  hr  molested. 

lu  this  connt'Ction,  if  is  deemed  proper  t^  state  that  General  Orders,  No. 
22,  of  1863,  and  58.  of  1862,  Adjutant  and  InRp«^ctor  Geninal's  offic«, 
are  general  iuBtnictious,  and  should  not  be  construed  as  an  exhaustive 
^numeration  of  causos  insufficient  to  exempt  from  review  a  verdict  of 
physipul  inc^p.-u'ity  for  military  service. 

G.  W.  LAY, 

Lieut   Col.  A.  A.  (i. 

Act'g  Chief  Ojf  liureau. 


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